RUS Mining Services Pty Ltd

[2015] FWCA 5688

[2015] FWCA 5688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

RUS Mining Services Pty Ltd
(AG2015/4560)

RUS MINING SERVICES NSW SOUTHERN AND WESTERN DISTRICTS AGREEMENT 2015

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 18 AUGUST 2015

Application for approval of the RUS Mining Services NSW Southern and Western Districts Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the RUS Mining Services NSW Southern and Western Districts Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I note that clause 21 of the Agreement contains four paragraphs under the heading ‘UNDERTAKINGS’. Following the hearing of this matter, and despite the heading, I am satisfied that these paragraphs in fact formed part of the Agreement at the time it was put to the employees to be covered. They are not undertakings that I have required under s.190 of the Act.

[4] The Construction, Forestry, Mining and Energy Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[5] The Agreement is approved and will operate from 25 August 2015. The nominal expiry date of the Agreement is 30 September 2017.

SENIOR DEPUTY PRESIDENT

Appearances:

C Smith for RUS Mining Services Pty Ltd.

M Higgins in person.

D Juleff in person.

Hearing details:

2015.

18 August.

Sydney.

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